Connecticut Commentary: Red Notes from a Blue State

Governor Dannel Malloy’s Nominee for Chief Justice of the Connecticut Supreme Court, Justice Andrew McDonald, was sent to the General Assembly with a negative recommendation. The nomination  passed in the House by one vote, where Democrats have a six member edge over Republicans, and is now headed towards the Senate, which is split 18-18 among Democrats and Republicans. The Republican leader in the Senate, Len Fasano, said on a radio talk show recently that he is inclined to vote down the nomination.  After viewing all McDonald's opinions -- and also interviewing McDonald -- Fasano feels that McDonald is prone to affirming a possibly flawed decision if the decision contains a partial narrative that supports his apriori views. For instance, McDonald believes that the death penalty may be racist because it falls disproportionately on blacks, a doubtful datum. If a decision to abolish the death penalty supported that view, McDonald would be inclined to support it. That mo...

I n 2012, Connecticut’s Democrat dominated General Assembly abolished capital punishment but carved out an exception for convicted murderers awaiting the death penalty on death row. The carve-out for the eleven death row prisoners was a blatant violation of what used to be called the natural law, a series of political, philosophical and penological assumptions that informs all laws, statutory and constitutional. The abolition should have been applied retroactively to Connecticut prisoners awaiting death, for reasons lucidly stated by Samuel Johnson when he was reporting on debates in the House of Commons. The Nulla poena sine lege  doctrine -- “where there is no law, there is no transgression” – Mr. Johnson wrote, “is a maxim not only established by universal consent, but in itself evident and undeniable; and it is, Sir, surely no less certain that where there is no transgression, there can be no punishment.” By abolishing the death penalty yet leaving the penalty in forc...

Danbury State Attorney Stephen Sedensky, the keeper of the Sandy Hook secrets, has so far had a fairly easy time of it, but disquieting murmurs rend the air. The Associated Press (AP) last July petitioned Connecticut’s Freedom of Information Commission (FOIC) to order the release of 911 tapes made during the mass shooting of schoolchildren at Sandy Hook Elementary School in Newtown. The commission found – surprise! – that such information could not be withheld from the public merely because Mr. Sedensky asserted a criminal investigation was ongoing .

When the Democratic dominated General Assembly perhaps unwittingly passed Bill HB 6650 establishing a Risk Reduction Earned Credits program for some prisoners incarcerated for violent crimes, the opposition from Republicans was nearly instantaneous. Then State Senator Len Suzio took the lead in agitating against the program. He was not alone. In a June 6, 2011 media release , State Senator Joe Markley said that the program “amounts to a jail break.” Mr. Markley went on to list the categories of violent prisoners eligible for early release under the program:

The very title of the story in CTMirror was ominous: “ Howls as Malloy tries to shorten leash on watchdogs.” And in the lede paragraph, a dark joweled Richard Nixon is resurrected from his bed of infamy: “Governor Dannel Malloy is attempting the most dramatic makeover of the state's watchdog agencies since their creation as post-Watergate reforms in the 1970s.” Watergate redivivus !

The whole point and purpose of the Office of Victim Advocate (OVA) is, as the title suggests, victim advocacy. Any defense lawyer or reporter will tell you that advocacy hurts and involves incalculable risks to the advocate. Such is the case with the OVA, which can most accurately be described as an independent in-house whistleblower operation. A number of people who showed up on a blustery afternoon outside the Wethersfield Department of Corrections (DOC) on October 16 to protest the immanent firing of Michelle Cruz , Connecticut’s Victim’s Advocate, had use of her services. One of them was Elizabeth Barrett, whose daughter was murdered four years ago. She was accompanied by her husband who, with his close cropped white beard, looked for all the world like Ernest Hemingway. Mrs. Barrett stepped to the battery of microphones, leaned into them and said in a crisp voice, “Four and a half years ago, we were fortunate enough to meet Michelle Cruz, Connecticut’s Victim’s Advocate. S...

State Victim Advocate Michelle Cruz released the statement below following the arrest of Kezlyn Mendez on a charge of murder. It all sounds vaguely familiar and parallels closely a murder in Meriden, an account of which may be found by clicking on the link provided here . State Victim Advocate Michelle Cruz is appealing once again to the Governor’s Office and the Commissioner of the Department of Correction to immediately suspend the risk reduction earned credit program.

State Senator Len Suzio held a news conference in the Legislative Office Building, sparsely attended by the public but well attended by the state’s media, to call public attention to what he regards as serious failures in Connecticut’s newly adopted and Orwellian named early release Risk Reduction Earned Credits program. The title of the program begs the question -- Risk Reduction for whom? Certainly Ibrahim Ghazal’s risk of getting murdered as he was peaceably going about his daily business at an EZ Mart store in Meriden was not reduced after the program was hastily adopted in a legislative session normally devoted to budget fixes. A Democratic dominated General Assembly joined at the hip to the first Democratic governor in more than 20 years, Dannel Malloy,   has made it possible for ambitious Democrats to pass hastily contrived bills through a sausage making assembly line that in the past was considerably more thoughtful and deliberative.